Jeff Jessup v. Ontario Pipe Trades Council
3886-00-R Jeff Jessup, Applicant v. Ontario Pipe Trades Council and United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 46, Responding Parties v. Jack Bird Plumbing & Heating Ltd., Intervenor.
BEFORE: John Morgan Lewis, Vice-Chair.
DECISION OF THE BOARD; April 20, 2001
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in a bargaining unit for it is the bargaining agent.
2A previous application was filed by the applicant on February 1, 2001. This first application was assigned Board File No. 3206-00-R. A representation vote was held on February 21, 2001. The responding party filed a timely response in which it asserts that the application should be dismissed on the basis that the application had not been delivered to the correct party in accordance with the requirements of the Act and the Board’s Rules of Procedures. The Board directed a representation vote. The ballots cast in the representation vote were segregated and the ballot box sealed pursuant to the Board’s decision dated February 19, 2001.
3In its decision dated April 5, 2001, the Board (differently constituted) held that Board File No. 3886-00-R should not be processed pending a final determination in Board File No. 3206-00-R.
4Board File No. 3206-00-R came before this panel for hearing on April 18, 2001 at which time a number of arguments with respect to the validity of the application were addressed. The Board reserved in making a determination on the issues raised by the parties. The Board did indicate to the parties that a representation vote should be directed in Board File No. 3886-00-R and that such a vote should not be delayed pending the final disposition of Board File No. 3206-00-R. Reference was made to the Board’s comments in Penegal Trim & Supply Ltd., [2000] OLRB Rep. Mar./Apr. 332 which spoke to the necessity of ordering timely votes and the potential difficulties in delaying the conduct of a representation vote to a later point in time.
5The employees who are affected by this application are covered by a collective agreement between Mechanical Contractors Association Ontario and the Ontario Pipe Trades Council, with an effective date of May 1, 1998, until April 30, 2001. The bargaining unit description in that collective agreement is as follows:
all qualified and/or Certified Journeymen or Apprentices employed by Jack Bird Plumbing & Heating Ltd. as a plumber, steamfitter, pipefitter, welder and apprentice or job foreman in the Province of Ontario
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
6The responding party and the intervenor have filed a timely response and intervention with the Board.
7It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
8The Board directs that a representation vote be taken of the employees of Jack Bird Plumbing & Heating Ltd. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit and at work on the application filing date will be eligible to vote.
9The vote will be held on May 3, 2001. Vote arrangements are as set out on the attached "Notice of Vote and of Hearing".
10Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Jack Bird Plumbing & Heating Ltd.
11The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" in a location or locations where they are most likely to come to the attention of those eligible to vote. These copies must remain posted for a period of 30 days.
12In light of the various issues been raised by the responding party, the Board directs that the ballots cast in the representation vote be individually segregated and the ballot box be sealed unless the parties otherwise agree or the Board otherwise orders.
13Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 10: Status Disputes in Termination Applications in the Construction Industry.
14The matter is referred to the Registrar.
“John Morgan Lewis”
for the Board